MURARI Vs. LACHHMAN DASS

JUDGEMENT

(1.) Murari defendant has filed the instant Regular Second Appeal against the judgment and decree passed by both the Courts below vide which suit of the plaintiff-respondent for possession was decreed.

(2.) The present suit for possession of land measuring 16 kanals 3 marla situated in Village Deegh Tehsil Ballabgarh was filed by the respondent claiming himself as owner of the same. It was alleged that in the month of June, 1977, the appellant forcibly took possession of the aforesaid land without the consent of the respondent and without having any right or authority. Therefore, being a trespasser, he was having no right to remain in possession of the suit land.

(3.) The appellant contested the suit by alleging that he was a tenant on the land in question. Therefore, the relationship of landlord and tenant was existing between the parties, it was further alleged that he had filed an application for correction of khasra girdawari and the same was accepted in his favour by the Revenue Officer, therefore, he was in legal possession of the land in question being a tenant.